By Lesedi Sibiya-Diplomatic Insider
The Special Investigating Unit (SIU) had won a judgment which would force three SABC executives to pay back R11.5 million which they had paid to the former Chief Operating Officer Hlaudi Motsoeneng almost a decade ago.
The SIU had delivered the bid to Johannesburg High Court a week ago, as the three executives had failed to oppose the case.
The three executives in question are Mbulaheni Obert Maguvhe, Ndivhoniswani Aaron Tshidzumba and Maleshane Audrey Raphela.
In September 2016 they had approved payments to Motsoeneng as he had secured over R1 billion for the SABC.
The payments made to Motsoeneng were later deemed unlawful which led to the SIU to recover the funds from Motsoeneng and later appealed it to the Supreme Court of Appeal, which would be denied.
The debt came to approximately R18 million which included interest. Motsoeneng had appealed again last year in September to the ConCourt but his case was also dismissed which closed any future attempts at avoiding paying the amount.
The SIU had taken some of the funds from Mostoeneng’s pension which amounted to R6 476 515, but was still not enough to pay back the entire amount and so the remainder of the outstanding funds had to be paid by the three executives.
Judge Allyson Crutchfield had ruled that Maguvhe, Tshidzumba and Raphela are jointly liable to pay the R11,5 million.
“The second, third and fifth defendants are ordered to pay the Special Investigating Unit the amount of R11 508 549.12, together with interest a tempore morae from date of service of summons to date of payment, jointly and severally, the one paying the other to be absolved,” as stated in the judgement.
Tempore morae meaning (from time of delay) as the order stipulates that the interest served will be in effect from the date the summons was initially served.
The defendants are also expected to pay the SIU’s legal fees in addition to the funds they still need to pay back.
The high court ruling serves as a victory for the SIU who are working tirelessly to hold those accountable for corruption and reimburse the public purse the funds that may have been stolen. The SIU are also currently investigating the Tembisa Hospital corruption case.